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2025 DAILYLAW 96040 (ALL)

RAMKHELAVAN v. STATE OF U.P.

BAIL/31431/2025 · 2025-09-14

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31431 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Akhilesh Kumar Mishra, Advocate holding brief of Sri Lavkush yadav, learned counsel for the applicant as well as Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 129 of 2024, under Sections 323, 504, 506, 326 I.P.C., Police Station- Kamasin, District- Banda, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about two months and there is no explanation of the said delay caused. 5. Learned counsel for the applicant has further stated that initially the FIR was instituted U/s 323, 504, 506 I.P.C. only, but subsequently, the allegations have been inflated to U/s 326 I.P.C. as well after legal consultation. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 4.6.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned A.G.A. has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the inordinate delay of two months in institution of FIR, and Versus Counsel for Applicant(s) : Lavkush Yadav Counsel for Opposite Party(s) : G.A. Ramkhelavan .....Applicant(s) State of U.P. .....Opposite Party(s) without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Ramkhelavan, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 15, 2025 Vikas Verma BAIL No. 31431 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad